10 years for man who killed retired Army officer in Warren crash

Shawn Fontyn leaves court Wednesday after he was sentenced to 10-1/2 years in prison by Macomb County Circuit Judge Mark Switalski in the traffic death of Timothy Lynch. Macomb Daily/JAMESON COOK

A 28-year-old Utica man was ordered to serve the maximum prison term – at least 10-1/2 years -- for causing a Warren traffic crash that killed a retired Army colonel on a motorcycle.

Shawn Fontyn was sentenced Wednesday after pleading guilty to driving with a suspended license causing death and leaving the scene of a fatal accident. Oxycodone also was found in his system but he was not charged with that under terms of a plea deal.

Judge Mark Switalski sentenced him to the longest term possible following a gripping statement by Cathleen Lynch, the wife of the victim, Timothy Lynch, 57, of Washington Township, in front of a crowded courtroom in Macomb County Circuit Court in Mount Clemens.

Lynch sought the tough punishment due to Fontyn’s “blatant disregard for the lives of others and his obvious danger to the safety of our society.” Fontyn’s license had been suspended 20 times, and he had convictions for domestic violence and possession of analogues.

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“He had plenty of chances to clean up his life,” she said. “He chose not live within the law and not to abide by the minimum standards of what reasonable people would call common decency. And Tim and our family ended up the victims of his choices.

“The defendant … left him dead in the street then cowardly hid in the bushes calling and texting people to come rescue him.”

Her husband, meanwhile, “proudly served this great country, obeyed and respected all laws and was a man who personified the deepest meaning of integrity and honor,” she said.

She concluded her statement by reciting part of a cadet poem by which her husband lived, she said. “Make us to choose the harder right instead of the easier wrong,” the prayer says in part.

Lt. Col. John O’Neill, a colleague of Tim Lynch who attended in uniform, said of the sentence: “Is it justice? I think anything less would not have been.”

Upon hearing his punishment, Fontyn repeatedly shook his head in apparent dismay. As he left the courtroom, a woman yelled, “Stay strong son.” Fontyn yelled back, “Love you mom.”

Moments before, Fontyn tried to delay the case and get a new attorney, criticizing his attorney, James Galen, claiming he “misrepresented” him. Fontyn had talked to other attorneys about representing while the case was pending.

But Switalski called it “too late in the process” for that request.

Galen defended his work in the case after the hearing.

“I think he was out of line,” Galen said. “I gave him excellent representation. I wasn’t the one who killed someone a month after being in jail for having a suspended license.”

Assistant Macomb Prosecutor Steven Fox said he was pleased with the sentence.

The sentencing guideline range was from about four years to 10-1/2 years. The most Fontyn can serve is 22-1/2 years.

On July 17 Fontyn was driving a 2005 Jeep Grand Cherokee on southbound Van Dyke that crossed the center line at Old 13 Mile Road and collided with a northbound motorcycle driven by Lynch, who was driving home from work. Lynch landed on Van Dyke and was hit by a northbound vehicle. He died at the scene. Fontyn’s vehicle struck a 2006 Ford Fusion stopped in the road, flipped and caught fire.

An uninjured Fontyn fled on foot and was captured a short time later hiding in bushes near a 13 Mile Road hotel.

A toxicology report shows Fontyn’s blood contained 112 nanograms per milliliter of oxycodone as well as metabolites indicating prior presence of oxycodone.

At the hearing, Fontyn apologized, calling the incident a “tragic accident.”

“If I could trade places with him, I would,” he said. “I am truly sorry for what happened. My heart goes out to the Lynch family.”

About a dozen supporters of Fontyn attended the hearing, while about 20 supporters of Lynch were in court.

Among Lynch supporters were several of his co-workers at Tank Automotive Command in Warren, where he worked as a military defense contractor since retiring from active military service in 2006.

Lt. Col. O’Neill described Lynch as a highly respected leader and mentor.

“He was able to lead by example,” he said.

Lynch supervised the Mine Resistance Ambush Protected Vehicle Program shortly after his retirement, O’Neill said. The program known as “MRAP” was designed to counter and protect against roadside bombs in Iraq and Afghanistan. Lynch served 13 months in those two countries, returning November 2009, his wife said.

He survived a cancer diagnosis in 2010, she said.

Lynch graduated from the U.S. Military Academy at West Point, N.Y., in 1977.

He is also survived by five children.

About the Author

My beat is the courts of Macomb County and general assignment.
Read more of Jameson Cook's court coverage on his blog http://courthousedish.blogspot.com/ Reach the author at jamie.cook@macombdaily.com
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